Commentary

194 Inalienability of resale right

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

194 Inalienability of resale right

| Commentary

194 Inalienability of resale right

A resale right is not assignable and any charge on a resale right is void1. However, the transfer of a resale right is allowed where it has been transmitted to a qualifying charitable body, provided that the transfer is to another such charitable body2. A resale right cannot be waived and any agreement to share or repay resale royalties is void3. However, this does not prevent a collecting society from collecting resale royalties on behalf of the right holder4 in return for a percentage of the royalty

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